PIL instrument(s)
Brussels IIa
Case number and/or case name
ITT20140910 Cass. n. 19004/2014 (BIIa)
Details of the court
Italy, Third Instance
Articles referred to by the court
Brussels IIa
Article 3
Paragraph 1 SubParagraph a Indent 1
Paragraph 1 SubParagraph a Indent 2
Paragraph 1 SubParagraph a Indent 3
Paragraph 1 SubParagraph a Indent 4
Paragraph 1 SubParagraph a Indent 5
Paragraph 1 SubParagraph a Indent 6
Paragraph 1 SubParagraph b
Paragraph 2
Article 16
Paragraph 1 SubParagraph a
Paragraph 1 SubParagraph b
Article 19
Paragraph 1
Paragraph 2
Paragraph 3
Date of the judgement
09 September 2014
Appeal history
None
CJEU's case law cited by the court
None
Summary
The decision whereby the court of first instance declares its «lack of competence» in favour of a foreign court pursuant to Articles 3, 16 and 19 of Regulation (EC) No 2201/2003 cannot be challenged with an extraordinary appeal in Cassation (ricorso straordinario in Cassazione) nor with a preliminary ruling on jurisdiction (regolamento di giurisdizione) but only with an appeal, as such decision relates to a question of jurisdiction. In this specific case, jurisdiction had been delined in reason of lis pendens in favour of England and Wales.

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